The People of the State of New York, Respondent v. Michael Boone

New York Supreme and/or Appellate Courts Appellate Division, First Department

February 23, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.MICHAEL BOONE, DEFENDANT-APPELLANT.

Appeal from the judgment, Supreme Court, New York County (Herbert J. Adlerberg, J.H.O. at suppression hearing; Charles H. Solomon, J. at suppression decision and dismissal motion; Maxwell Wiley, J. at plea and sentencing), rendered January 6, 2010, convicting defendant of criminal possession of a weapon in the third degree and resisting arrest, and sentencing him to an aggregate term of 1 year, held in abeyance, and the matter remitted to the Supreme Court for a new suppression hearing.

People v Boone

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 23, 2012

Gonzalez, P.J., Andrias, Saxe, Sweeny, JJ.

Upon reconsideration, we find that at the time defendant first waived his right to counsel before the suppression hearing, the court did not conduct the requisite "searching inquiry" as to whether he was aware of the dangers and disadvantages of proceeding pro se, nor did the court apprise defendant of the "singular importance of the lawyer in the adversarial system of adjudication" (People v Wingate, 17 NY3d 469, 482 [2011]; see also People v Providence, 2 NY3d 579 [2004]). The Decision and Order of this Court entered herein on October 13, 2011 is hereby recalled and vacated (see M-5397 decided simultaneously herewith).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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